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Posts Tagged ‘Article 32 hearing’

.. more than anything else , it matters for the reputation of the soldier …. .. his actions have been called into question . A legal investigation [a JAGmen investigation] has been carried out , and has uncovered evidence of misconduct on the behalf of the soldier . No matter what , until this matter is completely and fully aired , his personal reputation is now under a cloud … .. [h/t — NYSlimes.com].. .. [link] to the Slimes ‘ editorial .. .. when a soldier has allegedly done what Pvt. Bergdahl has done , that soldier would be advised to seek out the forum of a court – martial . Whether one is innocent , or is guilty , the allegations will receive a full public airing . Only in that can Pvt. Bergdahl have a civil chance to move on with his life . yes , his freedom is at risk [the risk of conviction and imprisonment] , but he needs to do it …

.. just recently , the US Army stood up where it was needed . They remembered that His Lordship will soon be gone , but the ” good order and discipline ” of the ranks is always needed . So , Pvt. Bowe Bergdahl will indeed face justice …

.. he is facing only two counts . One is desertion in a time of war . The other count is misconduct before the enemy . The first count is serious enough , because Bergdahl can face up to 5 years in prison . The other count is even more serious , yet , especially the penalty . If Bergdahl is found guilty of this one , then he can face up to and including life without the possibility of parole in prison …

.. a guilty verdict on either count would cause several more penalities [likekly] for Bergdahl . One is forfeiture of pay . That is a definite one . The other is a bad conduct discharge from the Army . Given his actions , that one would be a given …

.. I do not worry about our military professionals . They are the best . I am worried about the ObamaCraps sticking their noses in the processes , blantantly but subtlely . If that is done , Sgt. Bergdahl will not receive a fair investigation , and we as a country will not receive an accurate and fair accounting of the the events resulting in his being taken ” captive …. ” …

.. I suspect and believe that Sgt. Bowe Bergdahl is a deserter , at the very least . There is evidently an intelligence file on Bergdahl in the possession of the Government , likely the D.O.D. . Hopefully , Army JAG will be able to get its hands on it , or major parts of it …

.. there are plenty of people involved in the case . Now that the monkeyshines are coming out into the open , it is clear that higher – ups suspected that Bergdahl was a deserter , possibily even a collaborator , or even a traitor . It needs an investigation , It cries out for a thorough invesgitation . Hopefully , it will get one ..

.. Army JAG will have to conduct a JAGmen , or preliminary investigation on the actions and the conduct of Sergeant Bergdahl . I believe that higher – ups in the Pentagon will do so , if only to give the situation a thorough airing . That would be a good idea , as long as it is complete and fair …

.. With the ObamaCraps , I wonder . I think that those idiots could try to screw around with the investigation , or even to put undue command influence on it . Having it done by civilians is never a good idea . It being done by anyone in uniform is a criminal offense . Hopefully , for all involved , Sgt. Bergdahl will get a chance to get his case investigated , thoroughly and fairly . No monkeyshines or interferenece from above . Given the circumstances , it would be best . The question is , will it happen ??

.. I do agree , there is some possibility for witness tampering in the Bergdahl case …

.. that presumes that the ObamaCraps have someone who is in the know on the inside of the investigation . That will not be easy . With this White House , they will have every incentive to try to meddle . They have already totally botched the handling of this case as it is . So , there is motive ..

.. however , I do believe in the professionalism of JAG Corps . Especially in the JAG HQ . That is an honor posting . No , you are not generally going to find any ” Harmon Rabb ” types in the military services . That kind of colourful personality just would not be tolerated . A little bit of a personality , well , yes …

.. in the military services , there are offenses that in a civilian would be moral offenses . In the military [under the U.C.M.J. , or Uniform Code of Military Justice] these offenses would be considered crimes , punishable by many different types of punishment , including dismissal from the service , as well as confinement [jail] , and others ….

.. in this case , the one that Dr. Krauthammer is worried about would be considered ” Unlawful Command Influence . ” If it is a civilian that does it , then the military judge has to consider whether the rights of the accused have been violated . If it is someone in uniform , especially an officer , then , it is a crime , and the same judgement would have to be made .

..Even if Bergdahl is guilty as sin , if his rights are violated by anyone , then he could well be set free as a result . What might have been done would have been considered to be prosecutorial misconduct . Then , double jeopardy atttaches , Bye – bye case ..